FEW QUESTIONS ON ILR? AS HUSBAND OF UK CITIZEN

BATFINK · Post by **BATFINK** » Mon Apr 10, 2006 8:13 pm

Hi,

We have been married two years now and I currently have 'Leave to remain' stamped in my passport.
I now need to apply for the next step of my visa.

-I have unwittingly left it last minute and rang to get a application appointment a week before my visa expires but they dont have any...so the woman said I must post the application in and it can take 4-14 weeks.
*Technically my visa has expired until I send this in to them this week?

-Before we got married roughly 3 years ago while i was here on a working holiday visa i was arrested for having a swiss army knife in my posession,convicted and fined in the courts.
The thing is I cant remember if I put this down on my original spousal application 2 years ago or not and need to answer the question on this visa renewal...
*I want to be completely honest and write it down but dont want it to be rejected over this minor thing.

All of the other visa requirements are fine as well as all the backup evidence of us still being married and living together its just the questions above im curious about.

Thanks in advance!

Post by **John** » Mon Apr 10, 2006 9:02 pm

Technically my visa has expired until I send this in to them this week?

What exactly is the expiry date on the current visa?

BATFINK · Post by **BATFINK** » Mon Apr 10, 2006 9:44 pm

John wrote:
Technically my visa has expired until I send this in to them this week?
What exactly is the expiry date on the current visa?

april 6th 2006

Kayalami · Post by **Kayalami** » Mon Apr 10, 2006 9:54 pm

1. The Home Office have a concessionary power to approve late applications. Usually where the requirements of the rules are met and the application is in order other than a short delay (IMHO max 14 calendar days late) in submitting then they are likley to grant you a visa - it would be prudent to include a short note to the effect of your late submission with reasons thereof. However if your application is refused you will not have a right of appeal.

2. Talk to a/your lawyer - if the conviction is spent don't list it. If it is 'not spent' then list it. The lawyer will need to see the relevant paperwork from the court.

Post by **John** » Mon Apr 10, 2006 9:55 pm

You have actually let your visa expire before applying for another? Don't you appreciate just how serious that is? What on earth possessed you?

You certainly need to post the application tomorrow! No later!

Implications of applying late include the fact that you are an overstayer. You have no Section 3C protection (which would have protected you from being an overstayer if your application had been submitted prior to the expiry of the old visa.)

Another implication is that it might well have put back any application for Naturalisation as British by a couple of years, given that in the three years up to the application date you need to have been "legal" for the whole three years ... and you are currently an "illegal".

Post by **John** » Mon Apr 10, 2006 9:59 pm

Spent convictions? According to this website, if a fine was imposed then the conviction does not become spent until after 5 years.

Accordingly it looks like it will need to be included on the SET(M) form.

BATFINK · Post by **BATFINK** » Tue Apr 11, 2006 8:11 am

Ive been frantically serching for my passport and only found it the day after the visa expired.

Post by **John** » Tue Apr 11, 2006 8:40 am

Mislaid passport? Well you will want to explain that, won't you!

Do ensure that the application and supporting evidence is in the post today. And do use Special Delivery ... well worth the circa £4 cost ... extra security from the Royal Mail while in transit .... signature on delivery ... trackable using Track & Trace on www.royalmail.co.uk .... and in the very unlikely event of it going missing en route, adequate insurance cover to replace the lost documents.

BATFINK · Post by **BATFINK** » Tue Apr 11, 2006 11:48 am

yes i will do.

I'm hoping they wont give me a hard time due to it being late.

BATFINK · Post by **BATFINK** » Tue Apr 11, 2006 1:33 pm

Does anyone know if the case worker puts much consideration into the conviction from 3 years ago.
I can understand more serious ones affecting a visa application but dont want mine slowed down or impeded by the one have.

Is it likely to be much of an issue?

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FEW QUESTIONS ON ILR? AS HUSBAND OF UK CITIZEN

FEW QUESTIONS ON ILR? AS HUSBAND OF UK CITIZEN